If you are stuck in such a situation, here is what to do.

Mr. Alok Sharma’s passport, which had expired over a decade ago, contained an incorrect date of birth. Recently, when his son, Mr. Varun, initiated the process to reissue the passport, they submitted all necessary documents reflecting the correct date of birth, including his Aadhaar card, PAN card, and Class X Certificate. However, the official at the Passport Application Centre in the city of Prayagraj flagged this as a significant change. The officer stated that correcting the date of birth was a complicated matter and escalated the application to the Main Passport Authority for a final decision. This left Mr. Sharma and his family concerned about whether the correction would be permitted and if the passport would ever be reissued.

Advice in such cases

Changing the date of birth (DOB) in a passport is considered a “material change” by the passport authorities. It is scrutinized heavily to prevent identity fraud. While it is more complex than a simple renewal, it is certainly possible to get it corrected by following the due process.

• The escalation of the file to the Main Passport Authority (Regional Passport Office) is a standard operating procedure for such cases. It does not mean an automatic rejection.
• You will likely be called for an interview or asked to submit additional documents or a detailed explanation.
• In some cases, especially where the change is significant, the authorities may ask for a declaratory order from a competent court confirming the correct date of birth.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think

Applicable Sections of Law

The primary law governing passports in India is the Passports Act, 1967, and the Passport Rules, 1980. There isn’t a specific section for “correction,” but the process is governed by administrative guidelines from the Ministry of External Affairs.

• Section 10(3) of the Passports Act, 1967: This section gives the Passport Authority the power to impound or cause to be impounded or to revoke a passport or travel document if they are satisfied that the passport was obtained by the suppression of material information or on the basis of wrong information provided by the holder. This is the reason for their cautious approach to DOB changes.
• Passport Rules, 1980: These rules detail the documents required for various passport services. For DOB proof, the rules prioritize the Birth Certificate issued by a statutory authority.

If you are the complainant

If you are the applicant seeking the correction, you need to be proactive and systematic in your approach.

• Compile all original documents that validate your correct date of birth. The strongest evidence is a Birth Certificate issued under the Registration of Births & Deaths Act, 1969. A school leaving certificate from a recognized board is also highly valued.
• Prepare a sworn affidavit on a non-judicial stamp paper. In this affidavit, you must clearly state the correct DOB, explain how the error occurred in the previous passport (e.g., a clerical mistake), and affirm that you are providing truthful information.
• Respond promptly to any query from the Main Passport Authority. If called for an appointment, attend it and present your case clearly and respectfully.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think
• If the authority refuses to make the correction without a valid reason, your legal remedy is to file a Writ Petition before the jurisdictional High Court, seeking a direction (mandamus) to the passport authority.

If you are the victim

As the person whose passport contains the error and is facing this bureaucratic hurdle, it is important to remain patient and organized.

• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think
• Understand that the onus is on you to prove the correct date of birth. The authorities are following a procedure designed to maintain the integrity of the Indian passport.
• Maintain a complete file of your application, all submitted documents, receipts, and any communication received from the passport office.
• Be completely transparent. Do not attempt to hide any facts or create new documents. Any dishonesty can lead to the rejection of your application and potential penalties under the Passports Act, 1967.

How the police behave in such cases

Police verification is a mandatory step in the passport issuance and reissuance process. In cases involving a change in personal particulars like the date of birth, the police verification might be more detailed.

• The police will visit the address mentioned in your application to verify your physical presence and identity.
• They may ask questions about the discrepancy in your date of birth, as this information might be flagged in the verification request sent to them.
• You should cooperate with the police and provide them with copies of the same documents you submitted to the passport office to prove your correct DOB.
• The police do not have the authority to approve or deny the change; their role is to investigate and submit a verification report to the Main Passport Authority, who will make the final decision.

FAQs people normally have

What evidence is required?

The most crucial part of the process is providing robust and acceptable proof of your date of birth. The Ministry of External Affairs generally accepts the following documents:

• A Birth Certificate issued by the Municipal Corporation or the office of the Registrar of Births & Deaths. This is considered the primary and most reliable document.
• If the above is unavailable, a School Leaving Certificate, Matriculation Certificate (Class X), or a certificate from a recognized educational board that clearly states the date of birth.
• A sworn affidavit from the applicant detailing the discrepancy and affirming the correct date of birth.
• Supporting documents like a PAN card, Aadhaar card, or driving license that show the correct date of birth can strengthen the case, but are not usually accepted as standalone proof for a change.

How long will the investigation take?

There is no fixed timeline for resolving such cases. The duration depends on several factors:

• The clarity and strength of the documents you have provided.
• The workload and processing times at the specific Main Passport Authority (RPO).
• Whether the authority requires further clarification or a court order.
• Generally, the process can take anywhere from 4-6 weeks to several months. If the matter goes to court, it will take significantly longer, depending on the court’s proceedings.

Advocate Sudhir Rao, Supreme Court of India